Clarke v. Davenport
The Superior Court of New York City
This was an equity suit, and was one of those transferred from the Supreme Court to this Court, under an act of the Legislature passed in April, 1849, and which, by the terms of the law, were directed to be heard, in the first instance, at a General Term. The nature and objects of the suit, and all the questions of fact and of law arising upon the pleadings and evidence, and upon which the controversy turned, are fully stated in the opinion of the Court.
1Opinion of the Court
By the Court. Duer, Justice.
This is one of the long pending equity cases which, by an act passed by the Legislature, in 1849, were transferred from the Supreme Court to this court, and directed to be heard at a General Term thereof. It was accordingly heard upon the pleadings and proofs at the December General Term, before Mr. Justice Bosworth, Mr. Justice Woodruff, and myself, and I am now to state the conclusions, and the reasons upon which they are founded, that a careful examination of the case has led us to adopt.
The relief sought by the bill is, that the defendant, Davenport, may be…
2Cases cited1 opinion
- Clarke v. Van SurlayNew York Supreme Court · 1836
3Cited by1 opinion
- Libby v. RosekransNew York Supreme Court · 1869